Archive for the ‘Coal Slurry’ Category

Activists disrupt Blankenship at National Press Club

Thursday, July 22nd, 2010
posted by charles

From our friends over at Rainforest Action Network:

RAN activists just disrupted Massey CEO Don Blankenship’s talk at the National Press Club sending him a strong message:“Your coal is not Clean, Safe or Forever.” They were eventually escorted out by security.

Pics soon. You can see live video at http://press.org/events/npc-luncheon-don-blankenship

Washington, D.C. (7/22/10)— Today activists with the Rainforest Action Network (RAN) attended Massey Energy CEO Don Blankenship’s National Press Club speaking event. RAN was there to call attention to Massey’s repeated mine safety violations, including the April 5 Upper Big Branch mine explosion in which 29 miners tragically died, as well as the company’s lead role in mountaintop removal coal mining (MTR). Blankenship has gained quite a reputation for his company’s mine safety violations as well as his indifference to environmental protection and climate change.

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Video, highwall miner shut down, $12,000 bail

Thursday, July 15th, 2010
posted by bfbryant

Katie Huszcza, Colin Flood, Jimmy Tobias, and Sophie Kern, activists with Mountain Justice and Climate Ground Zero were arrested last night and are held on a collective $12,000 bail. They were participating in an act of non-violent civil disobedience against the destructive and irresponsible practice of mountain top removal by locking themselves to a high wall miner on Coal River Mountain.

Please donate to the legal defense fund by clicking below.

(more…)

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21 days and one ‘not guilty’

Tuesday, March 16th, 2010
posted by charles

MADISON, W.Va.—A Boone County jury found James McGuinness guilty on trespass asked to leave, obstruction and conspiracy, but not guilty on property destruction today, and Magistrate Byrnside sentenced McGuinness to 21 days in jail.  Byrnside gave McGuinness till Friday morning to get his affairs in order before turning himself in.  He was also assessed court costs and jury fees expected to exceed $1,000.

The charges stem from the September 9th blockade of Massey’s Regional Headquarters.  Joe Hamsher plead no contest to trespassing and conspiracy charges stemming from the same action and received a 20 day jail sentence.   Roland Micklem and Fred Williamson are still awaiting trial with Micklem’s scheduled for March 29th at 9:30 am.

For the property destruction charge, the Boone County prosecutor alleged that tar on lock-down devices damaged a pair of pants, pair of gloves and a knife, and that a chain scraped some paint off a Massey lamp post.  None of these physical items, nor pictures of them, were presented as evidence in trial.  The officer who owns the knife did not learn till on the stand that his knife was involved in the case.

Letters can be addressed to Guin in the Southwestern Regional Jail:

James McGuinness
Southwestern Regional Jail
Earl Ray Tomblin Industrial Park,
13 Gaston Caperton Dr.
Holden, WV  25625

Donations to Guin’s commissary and other campaign legal expenses can be sent here:

Paypal, or another method.

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In Commemoration of the Anniversary of the Buffalo Creek Disaster

Thursday, February 25th, 2010
posted by ambernitch

The Buffalo Creek Disaster of February 26, 1972, occurred when Pittston Coal Company’s coal slurry impoundment dam #3 in Logan County, West Virginia, burst forth after heavy rains, unleashing 132 million gallons of black wastewater.  The burst in dam #3 subsequently caused dams #1 and #2 to fail. The disaster left 118 dead, 7 missing, 1,121 injured, and over 4,000 homeless. Property damages exceeded $50 million. According to Pittston Coal, the dam failure had been an ‘Act of God’. This ‘Act of God’ occurred only four days after the impoundment had been inspected and declared ‘satisfactory‘.

The Governor of West Virginia at the time, Arch Moore, formed an investigative commission, which consisted solely of coal industry supporters. After the commission denied a request that a coal miner be added to the commission, a Citizen’s Commission formed to perform their own independent investigation of the disaster. The citizen’s report concluded that Pittston Coal was guilty of the murder of at least 124 people.

Previously in 1966, after a coal-waste dump in South Aberfan, Wales gave way killing 147 people, a geologist from the U.S. Geological Survey and the Bureau of Mines conducted a survey of potentially dangerous slag heaps in the coal-mining regions of the U.S. In that survey the Buffalo Creek dam was reported to be ‘unstable’. Later, the U.S. Interior Department gave a report on 38 West Virginia Coal Waste Dams to the Governor. Those in need of immediate repair were fixed, but no other corrections or inspections were done. In February of 1968, concerned residents of Buffalo Creek wrote the Governor expressing their fears that the dams were in danger of collapsing, but the dams were merely looked at and no corrections were made. Dam 3 collapsed in February 1971 causing black water to bubble up in the impoundments behind the dam. More coal refuse was dumped in to fill the break in the dam.

Due to the negligence on the part of Pittston Coal, some 625 survivors sued the Pittston Coal Company for $64 million in damages. They settled for $13.5 million. A second suit by 348 child survivors sought $225 million and settled for $4.8 million. The State of West Virginia also sued the company seeking $100 million, but Governor Moore settled for a mere $1 million. Gerald M. Stern, an attorney with Arnold & Porter, the law firm that had represented the case, wrote a book dedicated to the victims of the flood, entitled, “The Buffalo Creek Disaster.” The West Virginia Division of Culture and History has also compiled information concerning the event on their website.


Buffalo Creek by T. Paige

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Black Water Spill Pollutes Thirteen Miles of the Clear Fork

Tuesday, February 23rd, 2010
posted by Dea

Black water from Pioneer Fuels’ Horse Creek Surface Mine spilled into the Clear Fork today, polluting over thirteen miles of the river. The once-bustling city of Whitesville lies directly downstream of the spill, as does the Boone Raleigh PSD Water Plant, which is the source of drinking water for the town and surrounding areas.


The Clear Fork & Marsh Fork converge at Whitesville to become the Big Coal River. Note the difference in color between water flowing from both forks.


At approximately 2 p.m. the black water was seen 2.5 miles up Clear Fork Road, and continued to pour into the Big Coal River at Whitesville for several hours afterward. A Coal River Mountain Watch volunteer called the spill into the WVDEP around 4:20 p.m. The state agency later responded that it had been aware of the spill since 8 a.m. and that the black water output appeared to have stopped. It was verbally confirmed with WVDEP that the spill was sourced from the Horse Creek surface mine, owned by Pioneer Fuels.


A volunteer tests water in the Clear Fork, near the Whitesville confluence. You can see greenish water flowing from the Marsh Fork at the top portion of this photograph.


The Horse Creek mine has had similar incidents in the past, including a cessation order issued by the WVDEP in July 2007.

While the DEP claims that the spill is over, we do not know what chemicals have already leached into the drinking water supply.

“While we appreciate the DEP’s uncharacteristically swift action to halt this pollution, the minuscule penalties that they normally assess have not been effective in protecting our water sources,” said Vernon Haltom, co-director of Coal River Mountain Watch. “Our state government needs to begin making the protection of citizens’ safety and water sources a higher priority than coal company profits.”

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Brushy Fork fails to meet safety requirement; Massey continues blasting on Coal River Mountain

Tuesday, February 9th, 2010
posted by Dea

The West Virginia Dept. of Environmental Protection issued a notice of violation to Massey subsidiary Marfork Coal for failure to meet a required safety factor at its Brushy Fork sludge impoundment. The safety factor indicates the amount of additional force, beyond expected maximums, that a structure can endure. At the legal standard of 1.5, Brushy Fork would be able to endure 50% more pressure than anticipated. It currently meets a safety factor of 1.32.

Citizens disagree with the DEP’s statement, released Monday, which states that “there is no risk to communities downstream of the impoundment.”  The DEP contends that only the upstream expansion portion is non-compliant and that the face of the dam is sound.

Community members cite concerns about potential breakthroughs via abandoned deep mines under the dam. In 2000, the bottom of a Massey-operated impoundment in Martin County, KY broke in to an underground mine, releasing 300 million gallons of sludge. Inspectors previously claimed that the dam was sound.

Another threat to Brushy Fork’s integrity is blasting on Coal River Mountain’s Bee Tree permit site, adjacent to the dam. A recent tree sit by civil resistance campaign Climate Ground Zero halted blasting on the site for nine days.

The WVDEP issued the violation following a 10-day notification they received from the U.S. Office of Surface Mining.

“The DEP’s failure to act without federal prompting is further proof that it is not doing its job and should be taken over by the Office of Surface Mining and the U.S. Environmental Protection Agency,” said Vernon Haltom, co-director of Coal River Mountain Watch.

Massey Energy is allowed to appeal the violation, but is currently required to take measures that will bring Brushy Fork up to legal standards.

The DEP’s press release can be viewed on their website.

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Heavy sediment pouring into Coal River at Pettus

Friday, February 5th, 2010
posted by charles

4:15 p.m.

Note: pictures are on the way.

PETTUS, W.Va.–A heavy sediment spill is ongoing at the mouth of the Little Marsh Fork in the Coal River Valley, coming from Massey Energy’s subsidiary Marfork Mining Co.  Marfork’s operations include several deep mines, the Brushy Fork Sludge Impoundment and the Bee Tree Surface Mine.

Mathew Louis-Rosenberg of the Sludge Safety Project called it in to the state Department of Environmental Protection’s Spill Hotline.

Recall last month that a spill into the Gauley River was called in, and continued well past DEP’s visual confirmation of the spill.  DEP changed the reasoning a few times, but eventually conceded that in fact, Appalachian Fuels was responsible for two water violations (WVDEP: here and here) from the pond that was shown in our posts about that spill, here and here.

Louis-Rosenberg spoke with Keith Porterfield of the DEP, “He said he’s going to try to make it out there tonight but it depends on road conditions.”

The only thing above the mouth of the Little Marsh Fork are Massey-controlled mining operations and roads, such as the Bee Tree Surface Mine, all surrounded by forested mountain.

“If it’s from Bee Tree then their sediment ditches aren’t working and they’re in violation of their permit,” Coal River Mountain Watch’s Vernon Haltom said.  “DEP has let Massey violate with impunity for so long that we have no confidence that they will take any effective action to protect our streams and communities.”

The Sierra Club, Ohio Valley Environmental Coalition, Coal River Mountain Watch and the West Virginia Highlands Conservancy gave Massey a 60-day notice in January of their intent to sue, alleging the company’s water violations increased after it settled a lawsuit brought by the U.S. Environmental Protection Agency.

“This just goes to show that the many people around here who’re concerned with Massey’s dangerous operations were correct in being concerned about the people who live downstream or near Massey’s operations,” Coal River Mountain Watch’s Judy Bonds said.  “It also shows that the tree sitters were right in their concerns.”

View Larger Map

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Tree Sit Halts the Blasting on Coal River Mountain

Thursday, January 21st, 2010
posted by sophie

UPDATE – Photo from the trees:


FOR IMMEDIATE RELEASE: JANUARY 21, 2010
Contact: Kim Ellis – 304 854 7372
Email: news@climategroundzero.org
Note: www.climategroundzero.org and www.mountainjustice.org

“Coal River Mountain was the last mountain around here that hasn’t been touched and they could’ve been using it for windmills…But Massey wants to get that coal. It seems like they just don’t care about the populace. Just the land and their checkbook.”
– Richard Bradford

MARFORK, W.Va. – Protestors associated with Climate Ground Zero and Mountain Justice halted blasting on Coal River Mountain today with a three-person tree-sit.  David Aaron Smith, 23, Amber Nitchman, 19 and Eric Blevins, 28 are on platforms approximately 60 feet up two tulip poplar trees and one oak tree.  They are located next to where Massey Energy is blasting to build an access road to the Brushy Fork Impoundment on its Bee Tree Strip Mine.  Their banners state: “Save Coal River Mtn.,” “EPA Stop the Blasting” and “Windmills Not Toxic Spills.”

“Massey Energy is a criminal corporation with over 4,500 documented violations of the Clean Water Act, yet the government has given them permission to blast next to a dam full of toxic coal waste that will kill 998 people if it fails.” said Blevins. This action comes at the heels of a rigorously peer-reviewed study published in Science Magazine which states “Mining permits are being issued despite the preponderance of scientific evidence that impacts are pervasive and irreversible and that mitigation cannot compensate for the losses.”

The sitters are calling for the EPA to put an end to mountaintop removal and encourage the land-holding companies to develop clean energy production.  The lack of EPA enforcement in mountaintop removal encouraged Josh Graupera, 19, member of the support team, to take part in this action “I knew that until I took an active role in the struggle to end MTR, I was passively condoning the poisoning and displacement of countless communities and in the obliteration of one of the oldest and most diverse ecosystems on this continent.” Graupera said. Nitchman added, “I act out of personal concern for the safety of water from toxic sludge, air from smog, and mountains from annihilation.”

The Brushy Fork Impoundment is permitted to contain over nine billion gallons of the toxic coal waste, and currently contains 8.2 billion gallons.  Brushy Fork’s foundation is built on a honeycomb of abandoned underground mines. If the foundation were to collapse the slurry would blow out from all sides of the mountain.   According to Marfork Coal Co.’s emergency warning plan regarding the impoundment, in case of a frontal dam breach, a 40 ft wall of sludge, 72 ft at its peak height, would engulf communities as far as 14 miles away.

“Brushy Fork sludge dam places the downstream communities in imminent danger. The threat of being inundated by a wall of toxic sludge is always present.  Blasting next to this dam increases the risk as well as destroying the opportunity for renewable wind energy,” said Coal River Mountain Watch’s Vernon Haltom. According to the Coal River Wind Project, the wind energy produced by a turbine farm on Coal River Mountain could power 70,000 homes, provide more permanent jobs for local residents and annually bring over a million more dollars in tax breaks revenue to Raleigh County than coal currently does.

The sitters plan to remain in the trees as long as it takes to stop blasting on Coal River Mountain. Climate Ground Zero’s action campaign, begun in February of last year, has kept up a sustained series of direct actions since that time continuing decades-long resistance to strip mining in Appalachia.



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Videos: incl. Big Creek spill flowing into Gauley River

Monday, January 18th, 2010
posted by charles

More information on this spill available in the most recent post.


Big Creek retention pond failure spilling into Gauley River


Big Creek retention pond failure at toe of valley fill

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Failed retention pond continues spilling despite WVDEP’s knowledge

Monday, January 18th, 2010
posted by charles



Gray and muddy water drains into a pond before cascading downstream and across the road. The site of the failed retention pond remains vacant while the Department of Environmental Protection has given no indication that it will take action to check the black water that continues to run into Big Creek.



A gushing spill from a failed retention pond that began last night continues today, despite the state Department of Environmental Protection having been notified last night. The gray and muddy water is spilling out of Appalachian Fuels’ Big Creek strip mine in Fayette County.

A complaint was called in to the WVDEP Spill Hotline last night by a citizen who spotted the brown water gushing into the Gauley River just a couple of miles upriver from Gauley Bridge around 5:30 pm January 15th. Abandoned Mines Land inspectors visited the site and confirmed that a retention pond had failed. As yet, there appears to be no action to mitigate the spill.



A mile down the road from the retention pond and valleyfill, black water continues to run down the roadway and into Big Creek, which goes on to join the Gauley River downstream. The black water spill will affect residents living downstream from the site, bringing concerns about the environmental repercussions, pollution, and water poisoning.





The failed retention pond is part of a contour mine site operated by Appalachian Fuels above the town of Brownsville, West Virginia. The black water from the spill can be seen muddying the waters of the Gauley River as far downstream as the town of Gauley Bridge.




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